Bartsch v. Stuart - Fourth Circuit U.S. Court Of Appeals

Bartsch v. Stuart

By Fourth Circuit U.S. Court Of Appeals

  • Release Date - Published: 1998-06-09
  • Book Genre: Law
  • Author: Fourth Circuit U.S. Court Of Appeals
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Bartsch v. Stuart Fourth Circuit U.S. Court Of Appeals read online review & book description:

Randolph L. Bartsch appeals from the district courts order dis- missing his complaint for failure to state a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). The district court found that the "gravamen of the Complaint lies in libel and slander," and that the complaint was filed beyond the one-year statute of limitations for actions for defamation under North Carolina law. See N.C. Gen. Stat. § 1-54(3) (1996). Bartsch appeals from this order, contending that the complaint set forth a cause of action for breach of contract and that the district court erred in dismissing the entire complaint after finding only one of the claims for relief barred by the statute of limitations. Because we find that the complaint failed to adequately allege the existence of a contract and a breach thereof, we affirm.

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